logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원진주지원 2019.08.21 2019가단34417
임대차보증금
Text

1. The defendant shall pay 125,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

2. Grounds for a brief statement: Article 208 (3) 1 of the Civil Procedure Act (a judgment made without holding any pleadings under Article 257 of the Civil Procedure Act).

3. The plaintiff's ground for partial dismissal also claims against the defendant for the payment of damages for delay of the above lease deposit, but even if the defendant who is the lessor does not exercise the right to defense of simultaneous performance, the existence of the right to defense itself has the effect of preventing the occurrence of the liability for delay of the lease deposit even if the lessor does not exercise the right to defense of simultaneous performance (the theory of existence and effect). Therefore, there is no evidence to deem that the plaintiff completed the payment, provision, or performance of the lease deposit by the date of the decision of the non- pleadings of this case. Thus, the defendant cannot be held liable for delay for the return of the lease deposit. Accordingly,

arrow